Permission to conduct prosecution
Chapter 26: General provisions as to inquiries and trials
(1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission:
Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.
(2) Any person conducting the prosecution may do so personally or by an advocate.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 337Person once convicted or acquitted not to be tried for same offenceCrPC 300
- 338Appearance by Public ProsecutorsCrPC 301
- 340Right of person against whom proceedings are instituted to be defendedCrPC 303
- 341Legal aid to accused at State expense in certain casesCrPC 304
- 342Procedure when corporation or registered society is an accusedCrPC 305
- 343Tender of pardon to accompliceCrPC 306